Questions and Answers 4_18_2023.docx

DOCX document 22 KB Posted

Attached to
GSA Notice - Smiths Detection Inc.
Solicitation number
S-41500-00005957
Issued by
Marion County, Oregon

About this file

This document consists of a Questions and Answers memorandum dated April 18, 2023, for Request for Proposal S-10000-00005959, addressing clarifications regarding a documentary production contract. The State of Oregon, through an unspecified agency, is procuring documentary film production services. The Q&A document addresses two primary contractor concerns: first, regarding media disclosure clauses and their applicability to documentary participants who will execute release forms for inclusion in the film, and second, concerning the allocation of errors and omissions liability following delivery of the completed documentary to the State. The document does not specify quantities, response dates, bidder meetings, or contract terms in the Q&A itself, as these details would be contained in the primary RFP document.

The memorandum clarifies that the State will own the work product upon delivery of the documentary; however, the Contractor retains responsibility for errors and omissions occurring during production and prior to delivery. The Contractor is not held liable for negative public reception of the documentary unless the Contractor's conduct intentionally caused such negative reception. The media disclosure clause standard provision does not apply to this engagement since services are not being purchased for individual clients but rather for the production of a documentary project where all participants execute consent releases. No pricing terms, set-asides, incumbent information, or funding sources are addressed in this Q&A document.

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Request for Proposal S-10000-00005959 Question and Answer April 18, 2023

Question:(MEDIA DISCLOSURES) How does the state define media contact that this clause would apply to, as media outreach is part of the Statement of Work?
Answer:Media disclosure in the clause is a standard provision for clients right to privacy when services are being purchased for a client under a contract. Since services are not being purchased for clients under the resulting contract, this media disclosure clause would not apply. Each participant in the documentary will be signing a release to give consent to be included in the documentary.
Question:(OWNERSHIP OF WORK PRODUCT) With the rights being transferred to the state with delivery of the film, does this mean Error and Omissions realm responsibility as well, with regards to the public reception of the piece?
Answer:Delivery of the documentary to the Agency does not relieve Contractor for errors and omissions leading up to delivery of the documentary or for any conduct of the Contractor after delivery. Contractor is not responsible for public reception unless the Contractor’s conduct purposefully influenced negative public reception of the series and documentary.
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